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Reasons
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(영문) 서울북부지방법원 2017.08.08 2015가단133294
채무부존재확인
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1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 127,480,159 as well as the full payment from July 18, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On July 25, 2014, B, while driving a vehicle C (hereinafter “Plaintiff-motor vehicle”) at the entrance of the B-to-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-To-On the breath of the B, the Defendant’s driver’s D vehicle (hereinafter “Defendant-to-on”) who was parked on the front bank due to negligence while neglecting the front-to-on breath of the b

(hereinafter “instant accident”). B.

The plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with B.

C. After the instant accident, the Defendant received treatment under various types of diagnosis, such as the Gyeong-gu’s salt, tension, shoulder chroud, tension, and tensions, from July 28, 2014 to October 28, 2014. From Evalescent, the Defendant paid KRW 131,158,970 (the Plaintiff paid KRW 130,57,000,000 for treatment expenses during six months after the instant accident) to the Defendant or medical institution in total under the name of the Defendant’s or medical institution, 131,58,970 (the Plaintiff paid KRW 16,307,50 for treatment expenses during six months after the instant accident).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, 10, 12 through 14, Eul evidence Nos. 1, 2, 3, 7 through 13 (including branch numbers, if any), Gap evidence No. 2, and the purport of the whole pleadings

2. On the ground of the Defendant’s main defense, the Plaintiff sought confirmation that the Plaintiff’s obligation to pay damages against the Defendant regarding the instant accident did not exist in excess of KRW 36,097,720, which was already paid by the Plaintiff, and the Plaintiff exchanged the main lawsuit with the Plaintiff’s claim for payment of KRW 127,480,159, excluding the amount recognized as the obligation to pay damages against the Defendant, out of the amount already paid by the Plaintiff.

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